General Sales Conditions
General Terms of Sale
Any order placed implies full acceptance of the following General Terms of Sale. To be valid, any amendment or individual agreement must be accepted by STid in writing.
I. VALIDITY OF OFFERS AND REQUESTS
The Buyer is bound by any quotation it signs, from the execution date. STid is contractually bound only from the date at which the purchase order confirmation is issued. Unless otherwise stated, STid quotations are valid for 3 months following their issue. Any order implies full acceptance of the following General Terms of Sale, regardless of any other terms stated in the Buyer’s documents.
Terms negotiated verbally or with STid sales staff shall be considered as definitive only after written confirmation. No amendment can be accepted after the purchase order, unless agreed in writing by both Parties. After being accepted, no purchase order can be cancelled without written agreement, and provided that all cancellation costs are borne by the Buyer (administrative fees, packing and transportation costs, reprogramming costs where applicable, etc.). Any changes to the delivery schedule at the express request of the Buyer can give rise to additional fees or a price adjustment, on the basis of a new proposal that STid will submit to the Buyer.
Unless otherwise agreed, purchase orders shall be accepted as firm orders only after receipt of a 30% advance payment by cheque confirming the order. STid reserves the right to make partial deliveries and issue the corresponding partial invoices. In such cases, the Buyer cannot claim to wait for the remaining goods to be delivered in order to postpone the payment of the goods already received. The minimum order value is €200.00 (excl. VAT). Below this amount, a fixed processing fee €50.00 shall be applied.
II. CUSTOMISATION / TAG SERVICES
All Customers are assumed to hold the relevant rights to reproduce any documents, images, logos and fonts sent for printing by the Seller, under the appropriate Intellectual Property laws. The Customer shall be fully liable for any losses claimed by a third party. Graphics files must be supplied by the Customer. They must strictly comply with STid technical specifications. Any file that fails to comply with technical specifications will be printed as is, with any modifications that we see fit in order to achieve a level deemed acceptable by STid. It is hereby understood that STid uses the services of graphic design professionals who are capable of understanding and implementing the instructions stated in the technical specifications. Any such orders will only be processed after the Seller has received signed and unreserved approval from the Buyer of a sample established as per the specifications. If the sample for approval is sent by STid by fax or e-mail, the Buyer agrees to return the signed version by post, fax or e-mail. Signature of the approved version relieves the Seller of any liability for errors or omissions reported after production. It is agreed that STid shall not be liable for printing, colour, font, knock-out/assembly errors, if these errors are in the Buyer’s files. Corrections: if a correction to the files is required, the Customer must send STid an e-mail specifying which purchase order requires correction and send the corrected file in a ready-to-use form. STid shall not be liable for any order processed following receipt of signed approval by fax or e-mail or even without approval, by or under the instructions of the Buyer.
The prices published by STid are guide prices and STid reserves the right to change its price list without notice. STid prices exclude tax and shipment costs and are quoted EXW – Gréasque / France (EX-Works), in consideration of the current economic and fiscal situation. Should these conditions change (e.g. exchange rate variation), our prices could change in accordance with the authorised legal dispositions.
Goods shipped by STid are shipped at the recipient’s expense and risks, unless otherwise stated and expressly agreed by STid at the time of purchase, even if exceptionally the goods are shipped carriage paid. The recipient is responsible for checking the packages delivered and goods upon receipt, and bringing action against the carrier if necessary. The Buyer must therefore check the scope and/or extent of any rights to claim, since STid can in no way and under no circumstances be held liable for the carriage of goods. The payment of transportation costs by the Manufacturer-Seller under a “carriage paid” sale does not imply any obligation on the Seller's part with respect to this specific service that is performed for and on behalf of the Buyer alone.
V. DELIVERY TIMES
The delivery times stated in STid offers are given for information only. It is expressly agreed that penalties shall not be applicable in the event of late delivery. Each purchase order will be acknowledged by STid, with an estimation of the delivery lead time.
VI. PAYMENT TERMS
Invoices shall be payable at 30 days net from date of invoice by any customer with a credit account with us. For any new customer, STid will provide the forms to be filled in by the customer to open an account. For a first order, payment shall be made in full at the time of order. All payments must be made at the due date. A breach of payment conditions may cause a suspension of all future deliveries. STid shall be entitled to terminate the contract or the remaining part of it, at its own discretion, without prejudice to its right to compensation. In addition, late payment shall as of right incur a late payment penalty payable by the Buyer of 3 times the statutory interest rate. Late payment interest shall be applicable from the day after the payment due date and until the amount owed is paid in full
VII. TECHNICAL ACCEPTANCE
a) Any claim relating to the conformity of the nature or quantity of the goods with the purchase order should be sent by registered post with acknowledgement of receipt, within eight days of delivery to the Buyer.
b) No goods delivered will be exchanged or taken back without STid’s prior written agreement, subject to reimbursement of the costs of this operation. The receipt of returned goods without STid’s prior written agreement cannot be considered as a tacit acceptance of an exchange or replacement.
VIII. TRANSFER OF RISKS AND RESERVATION OF TITLE
The liability for all risks, losses or damage to the goods ordered will be transferred to the Buyer after notification by STid that the goods are available in Gréasque - France, the EXW conditions as described in Articles 3 and 4. Title of ownership shall only be transferred after full payment of the sale price and related costs. In the event of payment default relating to any fraction of the price at the agreed due date, and 8 days after notice of overdue payment by registered post with acknowledgement of receipt, the sale contract shall be terminated as of right, at STid’s discretion. In such cases, the delivered goods, which are STid’s property, will be taken back, and any amount already paid for these items will remain the property of STid.
STid issues a one–year warranty on new products, starting from the delivery date. Under this warranty, STid undertakes to exchange or repair free of charge any part returned to its factory and acknowledged by STid to be faulty. The warranty shall not apply to damage that is not directly attributable to normal conditions of operation, such as abnormal impacts, wrong usage, or modifications that are not performed or are performed without STid’s written authorisation. Product failure that occurs before the payment of the invoice cannot under any circumstances be used to cancel the order or to delay payment. Any work required under the warranty shall be performed solely at STid’s premises and goods shall be shipped at the Buyer’s own risks and expense.
X. LIMITED LIABILITY
The Buyer undertakes to subscribe an insurance policy to cover all these risks, and to obtain a certificate that its insurance company waives its right to bring legal action against STid. The Buyer shall rely on its own judgement and know-how to assess the compatibility and suitability of the equipment supplied in accordance with its contract. The Buyer is responsible for performing all necessary tests to ensure the compatibility of the purchased equipment with the system to which it is to be connected and its fitness for the intended purpose. STid shall not be liable for any knowledge that it, or its employees, may have regarding the final use or purpose of the products supplied. STid’s liability is strictly limited to the compliance of the product with its technical specifications. Except for the limited warranty described in Article 8, STid shall under no circumstances be liable for any direct or indirect, incidental or consequential, related or specific losses suffered by the Buyer or user of STid products, including but not limited to loss of profits or earnings, wasted time, loss of or damage to the Buyer’s records or data, or any third party claims arising from any application by the Buyer using a STid product for its own benefit or a third party.
Any dispute regarding these Terms that cannot be settled out of court shall be brought before the Commercial Court of Marseille, France, regardless of the purchasing terms and payment method. The recovery of monies owed to STid shall be subject to a fixed compensatory penalty of 15% of the amount to recover, in addition to late payment interest.
STid General Terms of Sale 2012 V2.00